67C.319 Rules for qualification, appointment, and discipline of officers -- Chief examiner -- Promotional examinations -- Review of results -- Filling promotional vacancies. - Kentucky Statutes

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Page 1 of 2 67C.319 Rules for qualification, appointment, and discipline of officers -- Chief examiner -- Promotional examinations -- Review of results -- Filling
promotional vacancies. (1) Every consolidated local government police force merit system board created shall make, promulgate, and when necessary, amend rules for the qualifications, original
appointment, probation, promotion, demotion, transfer, lay-off, reinstatement,
suspension, and removal of the officers covered by KRS 67C.303, 67C.305,
67C.307, and 67C.309. No rule or regulation made, promulgated, or amended by
any consolidated local government police force merit system board shall be
inconsistent with the express provisions of this chapter. The board shall publish its
rules and any amendments and shall supply certified copies to the mayor, legislative
council, and the police chief and shall post a copy conspicuously in the office or
place where the headquarters of the consolidated local government police is
maintained. The copies of the rules and amendments shall be distributed and posted
in the manner prescribed within three (3) days after adoption. (2) The rules in addition to other matters shall specifically provide for and cover the following:
(a) Physical, mental, educational, citizenship, and age requirements for new officers; (b) Physical, mental, educational, citizenship, age, and length of service requirements for promotion from lower to higher rank or classification; (c) A requirement that police officers have five (5) years of service as police officers before being eligible for promotion to the rank of sergeant; (d) Provision for open, competitive, written, oral, and other mental and physical examinations to determine the relative fitness of all candidates for original
appointment and for promotion; (e) A requirement of public notice of all examinations to be given by the merit board; (f) Organization and meetings of the board; and
(g) Procedure and conduct of public hearings. (3) The board, with the approval of the mayor, shall employ a chief examiner who shall be professionally qualified and experienced in the field of testing and who shall
formulate, give, grade, and administer all written or other examinations as required
by the board. (4) Physical fitness for promotion shall be presumed unless certified to the contrary by the chief of police who shall supply the board with medical records of the disability. (5) At least ninety (90) days' notice shall be given before a promotional examination is conducted. (6) Promotional tests shall be graded, as determined by the board, to include written, oral, and other examination scores. In addition, seniority, not to exceed ten percent
(10%) of a candidate's final evaluated rating, shall be awarded for each year of
service. The results of the written, oral, and other examinations shall be combined Page 2 of 2 with seniority to determine the applicant's final evaluated rating. If the number of
candidates exceeds the number of positions in the rank for which the candidates are
being tested, the chief examiner may set a cut-off score on any of the tests,
excluding seniority, that candidates must meet or exceed in order for them to
progress in the selection process. The cut-off score shall be set such that the number
of candidates equals one-half (1/2) the number of positions in the rank for which the
candidates are being tested, that number to be rounded up, at the time of the posting.
If ties exist at the cut-off score, individuals having tied scores shall progress in the
selection process. (7) Promotional eligibility lists shall contain the names of successful candidates in the order of their standing through examination. An individual's results and ratings are
subject to review by the individual candidate but are otherwise confidential. (8) The chief examiner shall compile the results of all examinations. Upon completion of grading of examinations, candidates shall be informed by mail of the final
evaluated rating attained and their individual ranking on the eligibility list. An
applicant may, by appointment, discuss his or her examination results within the
offices of the chief examiner during business hours at any time when such review
will not interfere with the work of the board. Such review must be requested within
ten (10) calendar days following the establishment of the eligibility list. The board
shall make examination questions and answers available for inspection by the
applicant upon the filing of a written challenge. (9) In filling promotional vacancies, the chief of police shall select from not more than five (5) candidates graded highest on the appropriate eligibility list. The board shall
determine the justification for not promoting a candidate with the higher evaluated
rating who has been certified for promotion four (4) times. If the board determines
that the candidate's nonpromotion is unjustified or unsupported by the evidence, the
candidate shall be promoted. The certified rank list for promotions shall be valid for
two (2) years and shall not be extended. All promotional vacancies shall be filled
within sixty (60) days of the vacancy. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 131, sec. 1, effective June 26, 2007. -- Amended 2003 Ky. Acts ch. 118, sec. 8, effective March 18, 2003. -- Created 2002 Ky. Acts
ch. 339, sec. 10, effective July 15, 2002.